부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion: The plaintiff's assertion is as shown in the annexed sheet.
2. Determination
A. Since the execution of the distribution according to the confirmed distribution schedule does not confirm the right under substantive law, in case where a person who is to receive the distribution did not receive the distribution and received the distribution, he has the right to claim the return of unjust enrichment against the preferential creditor who did not receive the distribution, regardless of whether he raised an objection to the distribution or whether the distribution procedure in form
It is reasonable (see, e.g., Supreme Court Decision 2004Da68427, Sept. 28, 2006). If a person who has no right in the distribution procedure received dividends, then the said person would have made unjust enrichment without any legal cause. However, if the said dividends were not erroneous, it cannot be deemed that the said person would have received unjust enrichment, but even if there was a person who would have received dividends if the said dividends were not erroneous, or there was a person who would have
I would like to say.
B. (See, e.g., Supreme Court Decision 99Da53230, Oct. 10, 2000).
In light of the above legal principles, the following facts were prepared in the procedure of this case: (a) under the attached schedule prepared on December 30, 2009; (b) under the attached schedule prepared on December 30, 2009, B, the creditor of the right to collateral security against the plaintiff, who was the creditor of the right to collateral security against the plaintiff, received dividends of KRW 31.087,895 (4.98%); (c) the defendant received the above amount distributed to B by requesting the seizure and collection order against the above collateral security claim against the plaintiff; (d) the defendant received the above amount by requesting the seizure and collection order against the above collateral security claim against the plaintiff against the plaintiff; (e) the designated creditor of C, Go Chang-J Livestock Industry Cooperatives, South-west Agricultural Cooperatives, South-west Agricultural Cooperatives, the South-west District Court of Korea, and the deceased D's heir, E, Songcheon Credit Union, G, H, I, and J; and (e) the above creditors were partly recorded in the attached schedule as the dividend ratio (0.41-7%).